At FGB Law, we understand that parking lot accidents can be confusing and stressful. In Florida, while traffic laws might not always apply directly to parking lots, certain legal requirements and protections are in place. Here’s a comprehensive guide to help you navigate the complexities of parking lot accidents in Florida.
Reporting Requirements for Parking Lot Accidents
According to Florida law, you must report any traffic accident if the resulting damages or medical costs exceed $500. This includes incidents occurring in parking lots.
Key Elements of Florida Parking Lot Laws
Under § 715.075, Fla. Stat. (2023), private parking lot owners can establish rules for motorists, such as speed limits, directions of travel, stop signs, and vehicle towing regulations. Here are some critical aspects of Florida parking lot laws:
Florida’s No-Fault Insurance System
Florida operates under a no-fault insurance system, detailed in § 627.4707, Fla. Stat. (2023). This system requires all drivers to carry personal injury protection (PIP) and property damage liability (PDL) coverage. In the event of an accident, each party files a claim with their own insurance company, regardless of fault. If injuries are severe and exceed PIP limits, a claim can be filed against the at-fault driver’s insurer.
Comparative Negligence in Florida
Florida follows a modified comparative fault rule under § 768.81, Fla. Stat. (2023). This rule stipulates that if you are more than 50% at fault for an accident, you cannot recover damages. In parking lot accidents, fault is often shared, and the degree of each party’s fault will determine the amount of compensation they can receive.
Determining Fault in Parking Lot Accidents
Establishing fault in parking lot accidents can be complex. Here are some factors that attorneys at FGB Law consider during investigations:
Right of Way
Typically, pedestrians and drivers in through lanes have the right of way over vehicles backing out of parking spaces.
Backing Up
Drivers backing out must yield to oncoming traffic and pedestrians. Failure to do so often results in liability.
Signaling
Failing to signal when turning can indicate fault in an accident.
Distracted Driving
Distracted driving, such as using a phone while driving in a parking lot, significantly increases the risk of accidents.
Damage Location
The location of damage on the vehicles involved can provide clues about fault.
Eyewitness Testimony
Witnesses can provide crucial information. Collect their contact details immediately after an accident.
Security Camera Footage
Security footage can be invaluable in determining liability. Act quickly, as many establishments regularly delete footage.
Traffic Laws in Parking Lots
Even in parking lots, negligent driving behaviors such as distracted driving, speeding, and failing to yield can result in liability. If you hit a parked car, you must find the owner or leave your information to avoid criminal charges.
Liability of Property Owners
Parking lot owners are responsible for maintaining safe premises. They can be held liable for accidents caused by hazards such as unfilled potholes, broken pavement, poor lighting, inadequate security, and damaged sidewalks.
Role of Insurance Companies
Insurance companies conduct investigations to minimize liability and payouts. At FGB Law, we conduct independent investigations to ensure our clients’ rights are protected and they receive fair compensation.
Types of Parking Lot Accidents
Common parking lot accidents include:
– Backing Accidents: Often occur when drivers fail to check for other vehicles or pedestrians.
– Pedal Mistakes: Hitting the gas instead of the brake can cause collisions.
– Low-Speed Collisions: Even at low speeds, accidents can cause significant injuries, especially to pedestrians.
– Pedestrian Accidents: With many pedestrians in parking lots, accidents are common.
– Door Dings: Parking too close can result in damage when doors are opened.
– Shopping Cart Accidents: Unattended carts can roll into vehicles.
Common Causes of Parking Lot Accidents
Frequent causes of parking lot accidents include distracted driving, improper backing up, speeding, failing to yield, poor visibility, impaired driving, disregarding parking lot design, and pedestrian errors.
Frequently Asked Questions
Are parking lot accidents no-fault in Florida?
While Florida is a no-fault state, liability is essential when injuries exceed PIP coverage.
What happens if you hit a car in a parking lot and leave Florida?
Leaving the scene can result in hit-and-run charges, leading to jail time, probation, and fines.
Who has the right of way in a parking lot in Florida?
Pedestrians and through-lane drivers typically have the right of way over backing vehicles.
Will my insurance go up if someone hits my parked car in Florida?
Your insurance should not increase if your parked car is hit.
Can I sue someone for hitting my parked car in Florida?
Yes, you can file a claim with the at-fault driver’s insurance.
Who pays for car damage in Florida no-fault?
You’ll file a property damage claim with your insurer. The required minimum is $10,000 in PDL coverage, but you may have to cover deductibles.
What to do if you hit a parked car in Florida?
Try to locate the owner. If not possible, leave your contact and insurance information on a note and report the incident if damages exceed $500.
What is the law for car accidents in Florida?
File a claim with your insurance under the no-fault system. For severe injuries exceeding PIP limits, you can pursue a claim against the other driver.
Protect Your Rights After a Parking Lot Accident
Navigating the aftermath of a parking lot accident can be overwhelming. At FGB Law, we’re here to help you understand your rights and secure the compensation you deserve. Contact us today for a free consultation and let our experienced team guide you through the legal process.